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Criminal Law Keyed to Lee
United States v. Mothersill
Citation:
87 F.3d 1214 (11th Cir. 1996)Facts
The defendants, Patrick and Paul Howell, Michael Morgan, Patricia Clarke, Norris Mothersill, Egnatius Johnson, and Errol Morrison, among others, were involved in an elaborate drug operation that sold cocaine throughout several states.
In August of 1991, Patrick Howell and Michael Morgan planned to rob a drug dealer. With Clarke and Johnson present, they obtained a car rented by Paul Howell, and Morgan got a gun. Morgan, while Patrick Howell drove, shot and killed the drug dealer. After the shooting Clarke and Patrick and Paul Howell cleaned up the car. Tammie Bailey and Yolanda McCalister were the girlfriends of Michael Morgan and Patrick Howell, and they were told about the murder and warned that they would be killed if they told anyone.
In October of 1991,Patrick Howell was detained by immigration officials and arrested. While Patrick was in jail, Paul Howell became concerned about the girlfriends telling the police about them killing the drug dealer. He created a pipe bomb with the intention of killing them. He ordered someone to deliver the bomb to them, but the car was pulled over on its way. and the officer opened the package. The pipe bomb that was intended to kill the girlfriends ended up killing the police officer.
All of the defendants were convicted of several crimes, including the murder of the officer. They appealed.
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